ASK FATHER: Can a Pope incur a “latae sententiae” excommunication which is reserved to the Apostolic See? What would happen then?

In a comment under another post, a reader here began to opine about whether a Pope could get himself excommunicated.

There are several questions involved in this and I – a mere dilettante in these matters – cannot be entirely sure about responses. However, I can take a stab at it, hoping that true experts out there might chime in.  (Calling Dr. Peters!… Calling Dr. Peters!)

Even if I get something wrong in my concluding solution, which I will happily admit and rectify is someone can demonstrate where I put my foot wrong, you might still learn something about censures and their effect and their removal…. and who can do it.

The first question involves the fact that the Pope, the Roman Pontiff, is the Church’s Legislator. He is the law giver. St. Thomas Aquinas argues that the sovereign/lawgiver is exempted from the law according to its coercive force, but by his own will he is subject to the law by its directive force. In short, Popes should obey the laws they promulgate. STh, I-II, q.96, a.5, ad 3. However, some think that the Pope is is not bound at all by law. That seems a stretch. Hence, a Pope should obey the laws, but he cannot be coerced by them. If he disobeys laws he commits a moral failure even if, legally, he cannot be coerced by any council, tribunal or judge. He is, however, morally accountable to God and the Church.

Moving on to the next part.

Can a Pope can incur a latae sententiae excommunication which is reserved to the Apostolic See?

A latae sententiae excommunication is a penalty incurred automatically upon committing certain grave offenses, without the need for a formal declaration (can. 1314). Some of these excommunications are reserved to the Apostolic See, meaning only the Pope, or those to whom he has delegated authority (e.g., the Apostolic Penitentiary), can absolve the censure. Examples include desecration of the Eucharist (can. 1367), physical attack on the Roman Pontiff (can. 1370 §1), and absolution of an accomplice in a sin against the sixth commandment (can. 1378 §1). The censure underscore the seriousness of the offenses and the need for papal reconciliation because they strike at the heart of the Church’s identity and their scandal is deep.

What would happen if a Pope, for example, publicly desecrated the Eucharistic species.  This would ordinarily result in a latae sententiae excommunication which is reserved to the Apostolic See.

I here leave aside what is assumed for all excommunications, namely, that the fictional Pope in question is of sound mind, knows what he is doing, knows it is a mortal sin, is not being coerced and… deliberately does it anyway.

Excommunications have consequences.

Someone who has incurred a latae sententiae excommunication which is reserved to the Apostolic See (hereafter LSERAS) loses ministerial and governance faculties (can. 1331 §1).  Hence, such a Pope (he cannot be coerced) morally should seek reconciliation and absolution of the censure.  Until then, he should not function as Pope.  He’s still the Pope, however.  (NB: He does not lose his office due to not having Catholic faith in the Eucharist.  He believes in transubstantiation or he wouldn’t have bothered.)

How does he come to be reconciled?  The LSERAS is reserved to himself and he cannot absolve himself.

The lifting of the censure is reserved to the Roman Pontiff or to one to whom that authority has been delegated.  I leave aside the issue of danger of death.

There may be a solution. That Pope has recourse to the one to whom he previously delegated his authority to absolve LSERAS, namely, the Apostolic Penitentiary.

The Apostolic Penitentiary is one of the three tribunals of the Roman Curia, responsible for matters of the internal forum, especially those concerning the forgiveness of sins, absolution from censures, dispensations, and indulgences. It handles cases reserved to the Holy See, particularly absolution from excommunications reserved to the Pope (LSERAS). It acts with utmost confidentiality and primarily addresses issues involving conscience, including cases where public scandal may result. The Major Penitentiary, usually a cardinal appointed by the Pope, heads the tribunal. Its work ensures the faithful can receive spiritual reconciliation even in the gravest cases.

Moreover, this work of reconciliation is so important that the Apostolic Penitentiary does not lose its mandate upon the death or resignation of a Pope.   Almost all offices of the Roman Curia are automatically vacated when there is Sede Vacante.  NOT the Apoostolic Penitentiary, because the work of reconciliation of souls, being the suprema lex of the Church, must go on and there must be some entity that handles the graver cases even when there is no Pope.

Therefore, I suspect – again, I am not 100% sure about this – that some Pope who committed a delict that would normally incur a LSERAS could make his confession to the Major Penitentiary and then receive from him absolution from the sin and a lifting of the censure.

Once absolved of sin and censure, he could resume exercising ministry and governance.

What the fall out would be is another matter.

Barring recourse to the Major Penitentiary, I suppose the only other solution would be to resign the See of Peter, and THEN have recourse to the Apostolic Penitentiary or to the next Pope.  At that point I suspect that that former-Pope’s successor would dismiss the ex-Pope from the clerical state and assign him to a life of penance, such as … being the new Pope’s personal driver.

Salvo meliore iudicio.